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HomeMy WebLinkAboutMS 07-01; Scott, Thomas L & Jana L; 2010-0148671; Hold Harmless Agreement/ReleaseDOC# 2010-0148671 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 MAR 25, 2010 3:34 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-060-06-00 PROJECT ID: MS 07-01 CM- PROJECT NAME: Scott Minor Subdivision RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 456-6A) for development to occur on property more particularly described as (see attached Exhibit "A"), I/We, Thomas L. Scott and Jana L. Scott, husband and wife, as joint tenants, the owners of said property, promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the approved plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or H:\Development Services\PROJECTS\MS FILES\MS 07NMS 07-01 Scott Tentative Parcel Map - Levy\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE (MS 07-01 ).doc occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WITNESS WHEREOF, the undersigned has executed this instrument this -^ day of rtb^u^tv^ 20 id? . OWNER(S Thomas L.|S^dtt and J, as joint te Scott, husband and wife (Sign Here) Thomas L. Scott, husband, as Joint Tenant (Print Name and Title) Date; '(SignlHere) Jana L. Scott, wife, as Joint Tenant (Print Name and Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) H:\Development Services\PROJECTS\MS FILESWS 07\MS 07-01 Scott Tentative Parcel Map - Levy\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE (MS 07-01 ).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ On Date before me, personally appeared ~T^\£> nnf\ S Here Ins'ert Name anr/Title of the Officer^ OAna^. z5<T£jf^ Name(s) of Signer(s) OCNEENVOWT Commission # 1810062 Notary Public - CtHtornto | San Diego County who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. <5,i Place Notary Seal Above ignature J OPTIONAL —= * >ySignature oANotary Pu Though the information below /s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: £V) 2 1 ^ // C> "han Named Above: U Number of Paaes: <•2 -f ^ J7jt Ki/o/A Capacity(ies) Claimed by Signer(s) Signer's Name: Z Individual L_! Corporate Officer — Title(s): Z Partner — Z. Limited D General Zl Attorney in Fact [I Trustee ""; Guardian or Conservator ^ Other: RIGHTTHUMBPRINT OF SIGNER Signer Is Representing:. Signer's Name: Zi Individual r ] Corporate Officer — Title(s): Z Partner — Z Limited LJ General Z Attorney in Fact LI Trustee Zl Guardian or Conservator Z Other: Signer Is Representing: RIGHTTHUMBPRIhJT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" THAT PORTION OF TRACT 123 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATS OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF HIGHLAND STREET AS SHOWN ON SAID MAP 1661 DISTANT THEREON NORTH 24° 33' WEST 268.99 FEET FROM THE INTERSECTION OF THE CENTER LINE OF HIGHLAND STREET AND BASSWOOD STREET AS SHOWN ON MAP OF THUM LANDS NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915; THENCE ALONG THE SAID CENTER LINE OF HIGHLAND STREET NORTH 24° 33' WEST A DISTANCE OF 133.49 FEET TO THE SOUTHWESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO GEORGE B. MILLER AND GRACE MILLER BY DEED RECORDED OCTOBER 13, 1927 IN BOOK 1393, AT PAGE 266 OF DEEDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID MILLER'S LAND NORTH 55° 27' EAST 251.88 FEET TO THE SOUTHEASTERLY CORNER THEREOF; THENCE SOUTH 34° 33' EAST, 109.34 FEET; THENCE SOUTH 50° 05' 20" WEST 277 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. APN: 205-060-06